George Hubka v. Pennfield Township

Order On order of the Court, the application for leave to appeal is considered, and it is DENIED, because we are not persuaded that the questions presented should be reviewed by this Court. The application for leave to appeal as cross-appellant is also considered and, pursuant to MCR 7.302(F)(1), in lieu of granting leave to appeal, we REVERSE the holding of the Court of Appeals pertaining to the question of whether the defendant erred in providing the plaintiff with copies of requested documents as opposed to providing him with the opportunity to inspect originals of those documents. The issue was raised by the plaintiff as an allegation in his complaint and is, therefore, preserved as an issue on appeal. Furthermore, the plaintiff is not required to demonstrate prejudice, but, instead, is entitled to inspect, copy, or receive copies of a public record of the defendant and the defendant must furnish the plaintiff with a reasonable opportunity for inspecting and examining its public records. MCL 15.233; MSA 4.1801(3). In all other respects, the plaintiff's cross-application for leave to appeal is denied. Boyle, J., states as follows: